Bingo trial prosecutors: McGregor made $28M in 2009

MONTGOMERY -- Federal prosecutors rested their case in the State House vote-buying trial Tuesday after telling jurors that VictoryLand owner Milton McGregor reported $28.3 million in personal income in 2009, when he was operating electronic bingo machines.

McGregor reported a personal loss of $2.5 million in tax year 2010, after the machines were shut down, prosecutors said.

The final bit of evidence was designed to show how much money was at stake as then-Gov. Bob Riley was trying to shut down electronic bingo machines and casino owners were pushing a bill aimed at ensuring they could keep their machines.

Assistant U.S. Attorney Steve Feaga told the court that prosecutors and defense lawyers have agreed to stipulate the amounts McGregor and VictoryLand made. Feaga said Macon County Greyhound Park, also known as VictoryLand, reported an ordinary business income of $40.2 million in tax year 2009. The track reported a loss of $4.2 million in tax year 2010.

Evidence 'insufficient'

Prosecutors concluded their case in the sprawling trial after six weeks and two days of testimony. Defense lawyers have filed motions asking U.S. District Judge Myron Thompson to issue judgments of acquittal on their clients, arguing that the evidence is insufficient to sustain a conviction. Thompson will hear arguments on those motions this morning.

"I don't think a reasonable juror could find a guilty verdict as to any of the defendants in this case," said defense lawyer H. Lewis Gillis, who represents Sen. Quinton Ross, D-Montgomery.

Ross, McGregor, Sen. Harri Anne Smith of Slocomb, former Sen. Jim Preuitt of Talladega, former Sen. Larry Means of Attalla, lobbyist Tom Coker, lobbyist Bob Geddie, Country Crossing spokesman Jay Walker, and former legislative employee Ray Crosby are accused of participating in a conspiracy to buy and sell votes for a gambling bill before lawmakers last year.

"I think without question they have not met their burden to prove their case beyond a reasonable doubt, as to all of them," said Susan James, a defense lawyer representing Walker.

To issue a judgment of acquittal, Thompson would have to find that, even when the evidence is viewed in a light most favorable to the prosecution, no reasonable juror could return a guilty verdict.

Dismissal unusual

Defense lawyers concede it would be unusual for the judge to dismiss the case. But Thompson cautioned prosecutors that he had some pointed questions he wants answered about some of the defendants, including what evidence links Crosby, the Legislative Reference Service employee in charge of writing gambling bills, into the overarching conspiracy being alleged.

McGregor was paying Crosby $3,000 a month, according to trial testimony. But prosecutors have not given bountiful evidence about what Crosby did for the money. They played numerous phone calls in which Crosby takes direction from McGregor on how to draft the bill. LRS employees are permitted to communicate with others about bill drafts provided they have permission from the legislator who is sponsoring the bill.

Prosecutors' final witness in the case was FBI agent Nathan Langmack, who testified about telephone company toll records showing calls between the defendants.

Langmack testified that there were 447 calls between Country Crossing developer Ronnie Gilley, who pleaded guilty to offering legislators bribes to vote for the bill, and McGregor during the 2010 legislative session.

Prosecutors and defense lawyers went back and forth during their questioning of Langmack over what the volume of calls mean.

There were eight calls between Gilley and McGregor on Feb. 19, 2010, Langmack testified. That was the day Gilley's lobbyist Jarrod Massey testified that he met with Sen. Scott Beason, R-Gardendale, to spell out the details of a $1 million-a-year offer.

But defense lawyers pointed out that many of those 447 calls went to voicemail or were extremely brief.

McGregor lawyer David Martin suggested in his cross-examination that there were reasons other than the legislation for McGregor and Gilley to be talking, including Riley's raids and attempts to shut down the casinos.

Prosecutors on Tuesday also played jurors one end of a phone call that they contend is Gilley trying to buy the vote of Sen. Jim Preuitt of Talladega.

Gilley has testified that he offered Preuitt campaign help.

Gilley was on his cell phone, which was tapped, while he apparently had a conversation on another phone. Phone records indicate the call involved a number belonging to Preuitt, Langmack testified. The wiretapped phone picked up a few minutes of Gilley's end of the 24-minute conversation, Langmack said.

"I was talking to George Jones about you," Gilley said on the call. He said Jones was "100 percent committed" to helping Preuitt, including doing commercials.

"We got to get him a truck," Gilley adds.

Preuitt lawyer Ron Wise in his cross-examination of Langmack asked, "There's nothing said on these few lines of Jim Preuitt voting for anything?" Langmack agreed.

Wise also asked Langmack how many vehicles were purchased from Preuitt by Country Crossing officials. Langmack said he didn't know whether any were.

The trial resumes at 8 a.m., when Thompson will begin hearing defense motions.